How to get own your medical records in South Carolina

As personal
injury attorneys in Charleston, South Carolina, we order medical
records and medical bills in just about every automobile accident or injury
case we have. In this article, we explain the laws on medical records in South
Carolina including how to get your medical records, how much to expect your
medical records to cost, how long it takes to get your medical records, whether
a doctor has to give you your medical records, which medical records you are
entitled to, and more.

Does a Doctor Have to Give Me My Medical Records in South
Carolina?

Yes. Federal law says so under HIPAA
(short for the Health Insurance Portability and Accountability Act of 1996).
You also are entitled to them under South Carolina law, specifically Section
44-115-10 through 44-115-160 of our Code of Laws (called the Physicians’ Patient
Records Act). A more technical answer is that under South Carolina law, the
physician/doctor owns the records, but the patient is entitled to copies.

How Do I Get My Medical Records in South Carolina?

The easiest way is to just call the
billing office for your doctor or hospital and ask what their preferred
procedure is. Some may accept an email request. Some may request you fax or
mail in the request. An alternative is
that you can always just go down to the office and order them, but they may not
be able to produce them right there on the spot.

Know that they will ask you to sign
a written authorization to obtain the records. Read the authorization
carefully. They may try to put extra language in there that could create a lien
against your personal injury case
if you have one. Our personal injury
lawyers never grant liens voluntarily, although in certain
instances we have to. If the authorization has anything in it that does anything
more than giving the authority to copy and produce the records, you
probably want to have a lawyer review it and perhaps even use a different
authorization altogether.

How Long Does It Take to Get My Medical Records in South
Carolina?

The law does not give a deadline for
medical record requests. Ordinarily, our
office receives the records back within a few weeks of our request. Medical and billing requests to Hospitals tend
to take a little longer than smaller clinics. Occasionally, we have to follow
up multiple times with the medical provider, and in rare instances, we have to
threaten civil action. We have never
been unable to ultimately secure the records, as the law is on your and our
side.

Why Do Medical Records Cost So Much in South Carolina?

South Carolina law gives the
maximums that doctors may charge for searching for and copying the records. In
our lawyers’ experience, they almost always charge the maximum. These maximum
copy costs are:

A flat $25.00 administrative
fee for searching and handling plus the duplication costs.

If you are getting electronic
copies, the medical provider may charge up to $0.65 per page for the first
30 pages and $0.50 for each additional page, and the total cost can’t be
more than $150.00 per request.

If you are getting paper
copies, the medical provider may charge up to $0.65 per page for the first
30 pages and $0.50 for each additional page, and the total cost can’t be
more than $150.00 per request.

Postage and applicable sales
tax.

These amounts may be adjusted
annually according to increases in the Consumer Price Index and calculated by
DHEC. The doctor is allowed to ask for payment up front.

There is no cost if the records are
given to a doctor from a referring doctor for the continuance of medical treatment.
The doctor may charge the actual cost of copying of an X-ray, which includes
materials, supplies, labor, and overhead.

What Medical Records Am I Entitled to in South Carolina?

Pretty much any record associated
with your treatment, including the bills. However, they can choose to only
release a summary or portion of the record instead of the whole record if the
doctor reasonably believes that release of the information contained in the
entire record could harm the patient’s emotional or physical well-being, the
emotional or physical well-being of another person who has given information
about the patient to the physician, or where release of the information is
otherwise prohibited by law. Even in this situation, they still have to give
the entire record to your lawyer or to an insurance company in certain
situations. An unreasonable refusal to release the entire medical record could
cause a sanction against the doctor by the Board of Medical Examiners.

Can I limit what medical records are produced to my attorney?

In rare instances, a client may wish
to limit the records available to his or her attorney. Cases like these include but are not limited
to; HIV/AIDS, Mental Health/psychiatric disorders, Drug and Alcohol Abuse, and
Sexually Transmitted Diseases. Medical
Treating facilities will require specific authorization by you for these areas
of treatment. Speak to your attorney
before limiting requested medical information as it may be important to your
case.

Can I Still Get My Records If I Haven’t Paid My Bill in
Full?

Yes. South Carolina law explicitly
says so. If you are having difficulty
getting your records please contact the Gruenloh Law Firm and we will be more
than happy to assist you.

How Long Must a Doctor Hold My Medical Records in South
Carolina?

Ten (10) years for adults and
thirteen (13) years for minors. The time starts after the last date of
treatment. After periods expire, the doctor can destroy the records.

Are My Medical Records Private?

Absolutely! The HIPAA Privacy Rule
requires medical professionals to implement systems and safeguards in their
offices to ensure that patient information isn’t released to someone other than
the patient or someone who the patient has authorized to receive the records.
Doctor’s can’t sell your records either, except in limited situations. It is
not just records; doctors and their staff can’t talk about your case with
anyone either.

We have actually sued doctors and
pharmacists for negligently releasing or revealing patient information.
However, doctors have civil immunity if they in good faith release records to
someone pursuant to a written authorization. In other words, if someone forges
your name to an authorization, the doctor might be off the hook for not
catching the forgery.

Do I Need My Records If I’ve Been Injured in an Accident?

Yes. In every personal injury or automobile accident case, we
have to prove our damages. We have to get the medical bills so we can get you
reimbursed. We also have to get the medical records to help prove the nature of
your injury, the treatment you had to get, and your pain and suffering.

If you’ve been injured and it’s
someone else’s fault, contact the attorneys at The Gruenloh Law Firm to
schedule a free consultation.

“How Long
Does It Take to Get My Medical Records in South Carolina?

The law does not give a deadline. ”

Though
facilities may not take the full 30 days, HIPAA dictates that a covered entity
must provide access to the PHI requested, in whole, or in part, no later than
30 calendar days from receiving the individual’s request. If a covered entity
is unable to provide access within 30 calendar days, the covered entity may
extend the time by no more than an additional 30 days. To extend the time, the
covered entity must, within the initial 30 days, inform the individual in
writing of the reasons for the delay and the date by which the covered entity
will provide access. Only one extension is permitted per access request See
HIPAA 45 CFR 164.524(b)(2).

I have been in accident, do I need to see a doctor?

While this is ultimately your
decision, receiving an evaluation from your physician after an accident or
injury is recommended. Most ‘whiplash’
injuries develop over time and within 2-3 days clients will seek medical
treatment. If you find yourself going to
the doctor after a motor vehicle accident please contact the Gruenloh Law Firm.